If you do not agree with the Department for Work and Pensions (DWP) decision about your benefit claim, you can appeal it.
The first stage is mandatory reconsideration. The deadline is usually one month after the date on your DWP decision letter.
You might want to appeal the decision if:
A statement of reasons explains how the DWP came to the decision. Call the DWP and ask for a “written statement of reasons”. If a telephone call would not be accessible to you, email them to:
You can then ask the DWP to reconsider their decision. This is called a mandatory reconsideration. If you were still unhappy with the decision, then you would appeal.
If your condition gets worse, you can report this to the DWP. They will usually review your claim and send you a review form. Your benefits could go up or down. An adviser could tell you if you could benefit from challenging a decision.
The benefit process can be stressful. There are things you can do if it’s affecting your mental health. These can include:
If your mental health means you find it hard to work or do daily tasks, you could claim benefits. These will depend on the criteria but can include depression or anxiety.
Each benefit is different. What happens to your payments can also depend on your circumstances.
Contact the DWP to find out what might happen to your benefits if you appeal the decision.
If you are getting less money, you might be entitled to support. This can include benefits and grants.
There’s also support if you are in debt.
The first stage of appealing a DWP decision is mandatory reconsideration.
Benefits that have mandatory reconsideration include:
If you want to appeal a benefit decision, you have a calendar month from the date on your decision letter to ask the DWP to ask for mandatory reconsideration.
For example: Your decision letter from DWP has a date of 1 September. This means that your deadline is 1 October.
If you think your letter will not get to the DWP in time, let them know. The telephone number will be on your decision letter.
If you miss the one-month deadline, you can still ask the DWP to reconsider, as long as it’s within 13 months of the date on your decision letter.
You must have a good reason for missing the deadline. Reasons include:
In some circumstances, DWP will reconsider a decision after 13 months. If you are unsure, ask a benefits adviser.
You can get support from:
Use the DWP decision letter and statement of reasons to say why you disagree with the decision. Say which part you want them to look at again and why you think it’s wrong.
Keep a copy of the form and letter. You may need these if you go to tribunal.
If you choose to write a letter, make sure you include all the information required by the online form.
The DWP says it can take 2 months to reconsider their decision. But it could take much longer than this.
To find out about your claim, try calling the department dealing with your benefit claim.
You may be able to go directly to appeal without going through mandatory reconsideration. If you are unsure, check your decision letter or ask your Work Coach.
If you are appealing a Universal Credit decision, you can use your journal to ask for mandatory reconsideration.
Make a copy of your journal however you can. For example, you could take a photo, copy and paste or print it.
If you do not have access to a journal, contact DWP.
You can use the Advice Now UC letter tool to help write your Universal Credit mandatory reconsideration letter.
If you do not agree with a decision about Housing Benefit, you need to contact your local authority and make a request in writing.
Give specific reasons why you disagree. Use your decision letter, statement of reasons and medical assessment report to do this.
Use the points system to work out where you could have scored more points. The DWP considers if you can do activities:
Try using these to explain why you should have scored more points and give examples.
Also say if doing an activity would stop you from doing another activity.
You can wash yourself or prepare food on most days.
But, if you wash yourself, you would not be able to prepare food.
Send evidence you have not already provided to the address on the original decision letter. This could be:
You can use the Advice Now PIP letter tool to help write your PIP mandatory reconsideration letter.
You may want to appeal the decision because you have got no support or less support than you need.
If you want to appeal the decision because your condition is worse now, the process is different.
Use the decision letter and statement of reasons to say why you disagree with the decision.
You can use the Advice Now letter tool to help write your DLA mandatory reconsideration letter.
Send evidence you have not already provided to the address on the original decision letter. This could be:
Ask professionals involved with your child to write about the support your child needs. For example:
If your child’s condition gets worse, you should:
You cannot include new changes in your child’s condition to appeal your existing claim. You must say why the decision was wrong at the time.
You’ll get backpay to the date of the original claim if your mandatory reconsideration is successful.
If you disagree with the mandatory reconsideration, you can appeal.
There can be up to 2 stages of appeal. These stages are:
Consider appealing if you have a benefit claim rejected.
Government figures show that more than half of people who appealed were successful at tribunal.
Appeals can lead to:
A benefits adviser can let you know if you have a strong case to appeal the decision.
If you disagree with the DWP decision after a mandatory reconsideration, you can appeal to an independent panel called a tribunal. This is also known as a first-tier tribunal.
In-person hearings happen in a court. Contact the tribunal if you need to make sure the hearing is accessible to you. For example:
Ask if you need a remote hearing.
A judge chairs the tribunal. If the tribunal is about disability, the other people on the tribunal will usually include:
The people on the tribunal do not work for DWP.
Wait times are usually between 6 and 12 months.
An appeal can be complicated and challenging, so ask for emotional or practical help from relatives, friends, a support worker or health professional.
There may be a local organisation that can provide in-person advice or support at the tribunal.
You do not have to have an adviser at the tribunal. You can represent yourself.
A benefits adviser could help you to get the best outcome if you need support and understanding:
You have a month from the date shown on your Mandatory Reconsideration Notice to submit your claim.
If you miss the one-month deadline, you can still ask the DWP for an appeal if you have a reason. For example:
When appealing to a tribunal you will need:
You must send them to HM Courts and Tribunals Service, not to the DWP. The address is on the SSCS1 form.
Make copies before you send your form and documents.
Being able to show that you sent your form and supporting evidence is important. This is because your documents might get lost in the post.
A receipt showing proof of postage is free. You can only ask for a receipt if you post it at a post office. This shows that you have posted your documents but you will not be told when they arrive.
Some types of postage also show that the item arrived. These are more expensive. For example:
The HM Courts and Tribunals Service receives your form and documents. The Tribunals Service then asks the DWP to respond within 28 days.
The tribunal service will send you all the documents which will be looked at. A copy is also sent to others involved in your case. This is called the ‘appeal bundle’. When you receive this, you should:
Contact the tribunal as soon as possible if you would prefer an electronic copy of the documents.
Get advice if you are unsure about what evidence you need.
Your appeal has the best chance if the tribunal has the correct evidence. They need the evidence in advance.
If you bring new evidence with you to the tribunal hearing, they might not look at it. But you can send further evidence before your tribunal hearing.
If the evidence you need is in your bundle, you do not have to send anything.
You have a calendar month from the date on your appeal bundle letter to send evidence to the tribunal service.
Further evidence can include:
After the DWP has responded, the HM Courts and Tribunals Service will send you a letter including:
You can ask for a written hearing, but it's usually better to attend in person. It is possible to have a hearing:
This could give you a chance to show how your condition affects you. Tribunal members can ask you questions and make a better informed decision.
The meeting place should be accessible for you. Contact the tribunal if you have any access needs and need a reasonable adjustment. For example:
They may ask you to explain why you need this adjustment. For example, your condition means you need to lie down to manage pain.
You can also take someone with you for support.
Tribunals can be stressful. Having someone with you can help.
Someone can support you to:
Anyone who can support you with these things will help. They could be:
If your case is complex, having someone who understands the benefits process can help.
You could ask for your appeal to happen over a video or phone call if that would make it easier for someone else to take part.
You can ask for another date for your tribunal, but this will probably mean that you will need to wait longer.
The tribunal will decide the rate and length of your award. If the amount has increased, you will get back pay. This is usually at the increased amount from the date of your original claim. The DWP should apply the new rate within 4 weeks. It is rare for DWP to challenge a decision.
You can appeal to the Upper Tribunal if you’ve already:
The Upper Tribunal decides if there has been a legal mistake called an ‘error of law’. For example:
An appeal to the Upper Tribunal can take about a year. Get advice before you appeal.
Last reviewed by Scope on: 18/07/2024